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When does the right to unemployment benefits arise? This was the question raised in a case where a restaurant was transporting workers from Mexico to Louisiana.
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June 2023  /  View this email in your browser.

HospitalityLawyer.com® Newsletter Hospitality Law & Safety
Via Hotel Management image: Unrecognizable Man With Bag And Suitcase Walking In Airport, Rear View Know What Your Workers' Comp Responsibilities Are

When does the right to unemployment benefits arise? This was the question raised in a case where a restaurant was transporting workers from Mexico to Louisiana.

Beaucoup Crawfish of Eunice, La., annually contacted potential workers to assess their interest in temporary employment and helped those interested to begin the process to obtain an H-2B visa. Applicants were directed to go to a U.S. consulate in Mexico to obtain the required documentation. If the visa was obtained, the worker would travel to Eunice and complete the application process there. The restaurant regularly hired a bus service to transport would-be workers to the consulate and then from Mexico to Eunice. 

A bus carrying numerous applicants was en route to the U.S. consulate in Monterrey, Mexico, to obtain visas and then travel to Beaucoup. Before reaching the consulate, the bus was in an accident, causing injuries to three of the would-be employees.

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How Recent Decisions by the NLRB Could Affect Hoteliers

May 26, 2023 via CoStar

Several recent and pending decisions by the National Labor Relations Board have significant implications for employers in the hospitality space.

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Laner Muchin
Gavel on stack of folders

How EB-5 Capital Works in Hospitality Development

May 25, 2023 via CoStar

B-5 capital is a green card program, said Samuel Newbold, chairman of immigration law at CSG Law, at the Hospitality Law Conference. It’s a way for companies to raise capital from abroad for projects, and in exchange, investors have the opportunity to apply for green cards. 

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CSG Law
Project cost and time management

How Hospitality Employers Can Avoid Wage and Hour Mistakes

May 18, 2023 via CoStar
Speaking at the Hospitality Law Conference, Courtney Leyes, partner at Fisher Phillips, outlined ways hotel and restaurant employers have run afoul of the U.S. Department of Labor's Wage and Hour Division by not understanding the Fair Labor Standards Act and associated state labor laws.

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Fisher Phillips
Via CoStar image: four small business people designing a website on a large desktop screen How Hoteliers Can Make Their Websites ADA Compliant

Most hotel owners and operators are aware of the responsibilities for their properties to comply with the Americans with Disabilities Act, but they also have to make sure their online presence is compliant as well.

Because hotels are considered a place of public accommodation, Title III of the ADA applies, said Jordan Schwartz, partner at Conn Maciel Carey, at the Hospitality Law Conference. That prohibits hotels from denying services and accommodations to people with disabilities, including implicit biases that create barriers to access. For physical structures, that means having stairs and no ramp or restrooms without accessibility features.

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Conn Maciel Carey

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